The 7-1 decision issued today by the Supreme Court was on the appeal of the Center for Food Safety's (CFS) successful suit, which resulted in a ban on GMO alfalfa. And, while the High Court ruled in favor of Monsanto by reversing an injunction that was part of the lower court's decision, more importantly, it also ruled that the ban on GMO alfalfa remains intact, and that the planting and sale of GMO alfalfa remains illegal.
The Supreme Court ruled that an injunction against planting was unnecessary since, under lower courts' rulings, Roundup Ready Alfalfa became a regulated item and illegal to plant. In other words, the injunction was "overkill' because our victory in lower federal court determined that USDA violated the National Environmental Policy Act and other environmental laws when it approved Roundup Ready alfalfa. The court felt that voiding the USDA's decision to make the crop legally available for sale was enough.
And yet, Monsanto is out there in a public statement saying that they've won a great victory. They claim that they're ready to sell Roundup Ready Alfalfa seeds now, and that they hope that their farmers should be able to plant by fall 2010. It's a canny statement, but neither of those potential situations is by any means possible at this point. The bottom line: the ban on planting Roundup Ready Alfalfa still stands.
In addition, the Court opinion supported the Center's argument that gene flow is a serious environmental and economic threat. This means that genetic contamination from GMOs can still be considered harm under the law, both from an environmental and economic perspective."
From another source, "The Court further recognized that the threat of transgenic contamination is harmful and onerous to organic and conventional farmers and that the injury allows them to challenge future biotech crop commercializations in court."
Did we gain a toehold today in the fight against Monsanto? Well, at least for the moment...